ry is
generally accepted without question by the courts.

Rights of Property Owners.

In other words the owner of realty also owns the sky above it without
limit as to distance. He can dig as deep into his land, or go as high
into the air as he desires, provided he does not trespass upon or injure
similar rights of others.

The owner of realty may resist by force, all other means having failed,
any trespass upon, or invasion of his property. Other people, for
instance, may not enter upon it, or over or under it, without his
express permission and consent. There is only one exception, and this is
in the case of public utility corporations such as railways which,
under the law of eminent domain, may condemn a right of way across the
property of an obstinate owner who declines to accept a fair price for
the privilege.

Privilege Sharply Confined.

The law of eminent domain may be taken advantage of only by corporations
which are engaged in serving the public. It is based upon the principle
that the advancement and improvement of a community is of more
importance and carries with it more rights than the interests of the
individual owner. But even in cases where the right of eminent domain is
exercised there can be no confiscation of the individual's property.

Exercising the right of eminent domain is merely obtaining by public
purchase what is held to be essential to the public good, and which
cannot be secured by private purchase. When eminent domain proceedings
are resorted to the court appoints appraisers who determine upon the
value of the property wanted, and this value (in money) is paid to the
owner.

How It Affects Aviation.

It should be kept in mind that this privilege of the "right of eminent
domain" is accorded only to corporations which are engaged in serving
the public. Individuals cannot take advantage of it. Thus far all
aviation has been conducted by individuals; there are no flying machine
or airship corporations regularly engaged in the transportation of
passengers, mails or freight.

This leads up to the question "What would happen if realty owners
generally, or in any considerable numbers, should prohibit the
navigation of the air above their holdings?" It is idle to say such
a possibility is ridiculous--it is already an actuality in a few
individual instances.

One property owner in New Jersey, a justice of the peace, maintains a
large sign on the roof of his house warning aviators that